TaxTMI 
TaxTMI 
2009 (11) TMI 718
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....re District. In the residential address of the said person given in the official document, i.e. No. 4/7/156, Nelcost Road, Gudur, Nellore District, State of Andhra Pradesh, he was not available. The reason why the petitioner wanted to know his address was that the petitioner had secured a judgment and decree against him before the VII Assistant City Civil Court, Chennai in O.S. No. 764 of 1997, dated 16-12-1998. The petitioner wanted to execute the decree. Therefore, he wanted his address. However, the petitioner was informed that the information sought for cannot be granted to him since the reasons adduced by him were not convincing and the representation related to private litigation cases between the petitioner and the retired pensioner Ramachandra Rao and it did not come under the purview of a Public Interest Litigations. 4. The petitioner filed an appeal against the said order to the second respondent. In the appeal, the petitioner stated that the said Ramachandra Rao had committed forgery and the Court had also awarded costs in his civil suit. Therefore, he was not able to take further civil and criminal action against him. The appellate authority dismissed the appeal in t....
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....d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; (e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; .............................. (g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; (h) information which would impede the process of investigation or apprehension or prosecution of offenders; (j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that....
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.... activities of the staff employed in those shops. If ultimately by furnishing of such information, the affairs of the Society can be brought to the attention of the authorities, who are in charge of supply of essential commodities, it can stem the tide of further rot into the system." 13. Similarly, when the list of loan defaulters together with their photographs were sought to be published by the Nationalized Bank in Newspapers, the same was challenged by placing reliance upon the right to privacy and also by stating that the Banking Laws provided secrecy clause. V. Ramasubramanian, J. vide his judgment in K. J. Doraisamy v. The Assistant General Manager, State Bank of India, Erode Branch, Erode-638001 reported in 2006 (5) CTC 829 rejected such claims. In doing so, he also placed reliance upon the provisions of the RTI Act and rejected the right of privacy claimed by the petitioner therein. In paragraph 31, he has observed as follows : "31. Lastly, with the advent of the Right to Information Act, 2005, the Bank has become obliged to disclose information to the public. Section 3 of the said Act entitles all citizens to a right to information. Section 4(2) of the said Act prov....
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....in State of Maharashtra v. M.H. Mazumdar reported in 1988 (2) SCC 52, in paragraph 5 observed as follows : "5. The aforesaid two rules empower government to reduce or withdraw a pension. Rule 189 contemplates withholding or withdrawing of a pension or any part of it if the pensioner is found guilty of grave misconduct while he was in service or after the completion of his service. Grant of pension and its continuance to a government servant depend upon the good conduct of the government servant. Rendering satisfactory service maintaining good conduct is a necessary condition for the grant and continuance of pension. Rule 189 expressly confers power on the government to withhold or withdraw any part of the pension payable to a government servant for misconduct which he may have committed while in service. This rule further provides that before any order reducing or withdrawing any part of the pension is made by the competent authority the pensioner must be given opportunity of defence in accordance with the procedure specified in note I to Rule 33 of the Bombay Civil Services Conduct, Discipline and Appeal Rules. The State Government's power to reduce or withhold pension by takin....